The URL can be used to link to this page

Home My WebLink AboutCity Council Packet 06-28-2005 SpecialAgenda City of Plymouth Special City Council Meeting Tuesday, June 28, 2005 6:00 p.m. City Hall Lunchroom 1. Call to Order 2. Discuss the Christgau and Powers liability claims against the City I Set future Study Sessions 4. Adj ourn DATE: June 20, 2005 TO: Laurie Ahrens, City Manager FROM: Vkte, P.E., Director of Public Works SUBJECT: PAUL CHRISTGAU & JOHN POWERS FLOOD CLAIMS Attached please find the May 26, 2005 memorandum from Dale Hahn, Finance Director, regarding the above referenced matter. I believe this information was provided previously, however, this matter is the subject of a special session of the City Council on June 28, 2005. Additionally, Councilmember Willis requested specific information regarding the pond in question. Also attached please find the following: Exhibit 1 — portion of plat of West Ridge Estates, Second Addition, depicting Lots 14 (Powers) and 15 (Christgau) which also depicts easement limits and wetland edge. Exhibit 2 — Aerial photograph of the same in Exhibit 1. Exhibit 3 — portion of grading plan for West Ridge Estates Second Addition which depicts a Normal Water Level (NWL) elevation of 921.0 and a High Water Level (HWL) of 922.8 for the wetland. It also depicts an emergency overflow swale between Lots 14 and 15 at an elevation of 927.6. The plan shows storm sewer between lots 14 and 15 which is proposed to discharge into the wetland at an elevation of 922.5. The proposed lowest floor elevations shown are 925.6 for Lot 14 and 926.0 for Lot 15. It also shows rear lot corner elevations of 921.0 which is consistent with the NWL elevation. Exhibit 4 — As -built plan for storm sewer between Lots 14 and 15, which shows a discharge elevation of 920.90 which is consistent with the NWL elevation. Exhibit 5 — Lot survey for Lot 14 which shows proposed rear yard elevations of 925.0 near the foundation of the proposed house which also appears to be at O:\Engineering\W'iRRESRC\Pond Maintenence\Memos\ChristgauPowersFloodClms.doc SUBJECT: PAUL CHRISTGAU & JOHN POWERS FLOOD CLAIMS Page or near the lowest floor elevation (surveyors proposed lowest floor elevation is not legible). Exhibit 6 — Lot survey for Lot 15, which shows proposed rear yard elevations of 926.7 and a proposed basement floor elevation of 927.0. The proposed garage floor elevation is shown as 929.5. It also shows existing elevations on the rear lot lines of 92 1. 0 and a wetland elevation of 921.0. Exhibit 7 — Survey notes for Lot 14 and Lot 15 which shows lowest floor elevation on Lot 14 of 924.87 and lowest floor elevation on Lot 15 of 925.05. Survey notes also show overflow swale elevation at 927.90 and garage floor elevation of Lot 15 of 927.99. attachments O:\Engineering\WTRRESRC\Pond Maintenence\Memos\ChristgauPowenFloodClm .doc DATE: May 26, 2005 TO: Laurie Ahrens, City Manager FROM: Dale Hahn, Finance Director SUBJECT: Paul Christgau & John Powers flood claims As part of the May 17th Council study session, Mayor Johnson asked to have information regarding the Christgau/Powers flood claim provided to all Councilimembers. This claim occurred as the result of the heavy rains on June 24-25, 2003. The Christgau's and Power's residences received considerable flood damage and filed a claim against the City for their damages on August 21, 2003. The League of MN Cities Insurance Trust LMCIT) investigated the claim, and found the City not liable for the damages. A letter of denial was sent on October 15, 2003 (attachment 1). On November 10, 2003, the City Clerk was served with a summons and complaint in the smatter of John Powers and Paul Christgau. On February 4, 2005, after discovery was complete, Hennepin County Judge John Holahan dismissed the lawsuit on summary judgment, and found that the City was not liable for darnages (attachment 2). I have also attached a memo from Doran Cote, Public Works Director, that summarizes information prior to the flood, and work that has been done to improve the drainage way attachment 3). I have asked Roger Knutson to review this information and let me know if the City may pay for their damages. His letter states that since the court has found the City not liable for damages, any payments to Christgau or Powers would be gifts, and does not meet the public purpose. ALLIED ADJUSTERS BRANCH OFFICES Minnesota Albert Lea P.O. Box 848 • Albert Lea, MN 56007 507.373.7502 Brainerd P.O. Box 763 • Brainerd, MN 56401 218.828.8258 Duluth P.O. Box 7287 • Duluth, MN 55807 218.628.0961 Fairmont P.O. Box 15 • Fairmont, MN 56031 507.235.5565 Faribault P.O. Box 433 • Foribault, MN 55021 507.334.2217 Hutchinson P.O. Box 159 • Hutchinson, MN 55350, 320.587.9465 Mankato P.O. Box 3523: Mankato, MN 56002; 507-387.5468 Owatonna P.O. Box 666 Owatonna, MN 55060. ':.- 501.451.5644 J Rochester P.O. Box 994 Rochester, MN 55903'.':`; 507.289.0042 Sc Cloud P.O. Box 1163 • St. Clad, MN 56302 320.259.9766 Virginia P.O. Box 1205 • Virginia, MN 55792 218.741.6965 Willmar P.O. Box 915 • Willmar, MN 56201 320.231.2026 , North Dakota Fargo P.O. Box 9255 • Fargo, ND 58106 701.235.7484 Grand Forks P.O. Box 12019 • Grand Forks, ND 58208 701.775.3867 South Dakota Milbank P.O. Box 1004 • Milbank, SD 57252 605.432.6201 Sinux Falls P.O. Box 1174 • Sioux Falls, SD 57101 605.351.0275 Wisconsin Hayward P.O. Box 153 • Hayward, WI 54843 715.634-7808 October 15, 2003 f- REPLY TO: P.O. Box 583479 Minneapolis MN 55458 612) 766-3700 FAX NO.: (612) 766-3799 Schwartz & Dean, Attorneys at Law ATTN: Andrew Dean Chanhassen Financial Center 761 W 78t' St, Ste 210 PO Box 219 Chanhassen MN 55317 RE: Trust Member Claimants Date of Loss Our File No. Dear Mr. Dean: City of Plymouth Paul Christgau & John Powers 06/25/03 MPS40893 I represent the League of Minnesota Cities Insurance Trust (LMCIT) on behalf of the' City of Plymouth. I have investigated your clients' claims and do not 'feel the damage that they sustained on June 25, 2003 resulted from negligence on the part of the City of Plymouth. The information that your clients have provided indicate that the homes where they live sustained flooding damage in 1987 and June 2003, both as a result of 100+ year old storms. In lesser storms, I understand that your clients' homes are not flooded. In catastrophic rainfall events, flooding does sometimes occur. Few cities can withstand a 100+ year rain without the occurrence of some flooding, but that does not necessarily mean that flooding as a result of negligence on the part of the City. Absent negligence on the part of the City, we are unable to reimburse your clients for damages resulting from this rainfall incident. P.O. Box 583479 • Minneapolis, MN 55458 • 612-766.3700 • Fax 612-766.3799 Schwartz & Dean, Attorneys at Law Andrew Dean Page 2 If you have any questions regarding this letter, please feel free to call me directly at 612 -766 -3713 - Very truly yours, ALLIED ADJUSTERS Koh (, (Y\0)1 e Robert S. Brown RSB/sa cc: City of Plymouth ATTN: Bob Pemberton 3400 Plymouth Blvd Plymouth MN 55447 T.C. Field & Co PO Box 64016 530 N Roberts S St Paul MN 55164-0016 LMCIT Claims ATTN: Curt Heitschmidt 145 Univ Ave W St Paul MN 55103-2044 Claim No. 11045680. STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT Case Type: OTHER - CIVIL Paul Christgau and John Powers VS. City of Plymouth, Plaintiffs, Defendant. Court File No: PD 04-011673 Judge John L. Holahan NOTICE OF FILING OF ORDER TO: Plaintiff and his Attorney, Andrew Dean, 761 West 78th Street, Suite 210, Chanhassen, MN 55317: PLEASE TAKE NOTICE that on the 4th day of February, 2005, the Honorable John Holahan, Judge of District Court, Fourth Judicial District, County of Hennepin, State of Minnesota, issued the attached Order which was duly filed with the Hennepin County Court Administrator on February 4, 2005. This Notice is served pursuant to Minn. R. Civ. App. 104.0 1, Subd. 1. Dated: 1)—r -7 — bS LE.A.,GUE OF MINNESOTA -CITIES Brian H. Gaviglio- #1189686 Attorneys for Defendant City of Plymouth 145 University Avenue West St. Paul MN 55103 651) 281-1275 Nil STATE OF MINNESOTA 05 FEB -4 T -til 11: 15 DISTRICT COURT COUNTY OF HENNEPINi111 "Il rull FOURTH JUDICIAL DISTRICT i Paul Christgau, and District CourtJohnPowers, Fil; PD 04-11673 Plaintiffs, vs. City of.Plymouth Defendant. ORDER GRANTING SUMMARY JUDGMENT and MEMORANDUM The -.above-erititled matter came on for hearing before the Honorable John U.' Holahan on" the 30th day of November, 2004 on Defendant's motion for -summary judgment as to all of Plaintiffs' claims. Michael Schwartz, Esq., 761 West 780' Street, Suite 210, Chanhassen, MN 55317 appeared on behalf of Plaintiffs. Brian Gavi I glio, Esq. and James Mongd, H1, Esq., 145 University Avenue West, St. Paul, MN 551.03-2044, appeared on. behalf of Defendants. Having heard the arguments and considered the documents, files, and records herein, IT IS HEREBY ORDERED THAT: 1. Defendant's motion for summary judgment is granted. LET JUDGMENT BE ENTERED ACCORDINGLY. 2. The accompanying memorandum is incorporated herein. 3. The pretrial conference is cancelled. FEB 0 7 2005 4. That copies of this order shall be sent to counsel for the parties which shall be proper service for all purposes. Dated; February 4, 2005 2 r John L. Holahan Judge of District Court MEMORANDUM On the night of June 24, 2003, a heavy rain resulted in flooding of both of the Plaintiffs' residences. Plaintiffs have brought this lawsuit against the City of Plymouth alleging negligent maintenance of the storm water system. The City of Plymouth brings this motion for summary judgment because it believes it is entitled to statutory immunity for its planning level decisions related to drainage maintenance. The City also argues that it is entitled to common law vicarious official immunity for the exercise of operational level discretion by the City employees. responsible for drainage maintenance. In addition, the City argues that this heavy rainfall was an Act of God that could not reasonably be. anticipated or plumed for. UNDISPUTED FACTS Paul Christgau resides at 4325 Jonquil Lane and John Powers resides at 4335 Jonquil Lane. Plaintiffs' properties are bordered by County Road 9. Directly behind the PI'ainfiffs' properties there is a rainwater run-off system that was designed, constructed and maintained by the City of Plymouth. This system is designed to disperse rainwater away from the homes. In 1987, homes in this area had experienced flooding due to the rainwater run-off system. In April of 2003, Powers contacted.the City because he was concerned that the near -by drainage culvert Was clogged with sediment and not operating correctly. Powers said there had been flooding in his backyard, and was concerned about protecting his home. Following.Powers' call, Plymouth city employees inspected the area, as well as other parts of the drainage system.' They determined there were a number of problems with the drainage system, including the culvert Powers complained about. Culverts needed cleaning, draining ponds required. dredging, and a private culvert needed to be removed and replaced. The maintenance crew observed that there were no blockages and the water in the -holding ponds was at a normal level. They reported their findings to the Public Works Director, Dan Faulkner, and the Street Department supervisor, Gary Smith. Faulkner and Smith determined that this situation was not an emergency and planned to do the drainage -way maintenance in the summer of 2003. A very heavy rainstorm occurred on June 24 and 25, 2003. During the storm, 6.68 inches of rain fell in Plymouth. Both Plaintiffs experienced standing water in their basements after the storm. Christgau had approximately 8 inches of standing water in his basement and Powers had approximately 18 inches of standing water in his basement. After the rainstonn, the City of Plymouth prioritized the drainage maintenance and repair projects. The drainage maintenance project related to Plaintiff's backyards beg an'on July 10, 2003. This was a major project, which cost the city approximately $40,000. Dirty truckloads of material was removed from three drainage ponds and other changes were made to improve water retention and dispersion. STANDAR.. OF REVIEW Rule 56.03 of the Minnesota Rules. of Civil Procedure sets forth the standard for a summary judgment motion: Judgment shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that either party is entitled tojudgmentasamatteroflaw. When considering a summary judgment motion, the Court must view the evidence in the light most favorable to the nonmoving party. See Dempsey v. Jaroscak 290 Minn. 405, 199 N.W. 2d 779, 781-82 (1971). It is well=established that if there is an insufficient showing of evidence on an essential element of the non-moving party's claim, -the claim fails. Celotex Corp v Catrett 477 U.S. 317 (1986). The basis for this summary judgment motion is statutory immunity, common law immunity, and Act of God immunity. Statutory immunity pursuant to Minn. Stat: § 466.03 subd. 6, grants government entities immunity from tortIiability for any claim based on the performance or the failure to exercise or perform a discretionary function or duty, whether or not the discretion is abused.' 4 The doctrine of common law official immunity provides that "a public official charged by law with duties which call for the exercise of his judgment or discretion is not personally liable to an individual for dainages unless the officer is guilty of a willful or malicious wrong. Anderson v. AnokaHenne in Inde endent School District 11, 678 N.W.2d 651,'6 3 (Minn. 2004) (quoting Elwood v. County of Rice, 423 N. W.2d 671, 677 -(Minn. 1988). J%re an employee's actions are entitled to official immunity, the governmental employer is entitled to vicarious official immunity Case law established that municipalities are not liable for flooding that is the result of an extraordinary storm or rainfall. Power V. Villaize of Hibbing, 182 Minn. 66,'71, 233 N.W. 597, 599 (Minn. 1930). ANALYSIS Plaintiffs allege that the City of Plymouth has an obligation to maintain the culvert behind the Plaintiff's homes. The City of Plymouth agrees that it has this obligation. The Plaintiffs allege that the City negligently breached this duty when it failed to maintain the area. If the City of Plymouth is able to produce evidence that the decision to wait to dredge the culverts involved.a balancing of policy objectives, then they are afforded statutory immunity for the damages that resulted from that decision. The City has provided the affidavit testimony of Gary Smith, the Street Department Supervisor for the City. of Plymouth. He states that he supervised the crew that inspected the culvertunder County Road 9. The City has provided the affidavit testimony of Daniel Faulkner, Who was Public Works Director at that time. Mr. Faulkner states that he and Gary Smith decided that the drainage maintenance was a project that would be started in the summer. The project could not, however, be completed until the winter, when the wetlands would be frozen and more 5 easily dredged. Faulkner and Smith, concluded that there was adequate water flow through the culverts in question, and decided to prioritize the completion of the general spring street maintenance projects. Gary Smith states that the City has a policy for prioritizing street department -projects. Inz the spring, the City's first priority is street maintenance, street cleaning and,"Yiartd patching potholes. Mr. Smith states that the street projects have the biggest impact in the lives of citizen and are important for public safety and to protect infrastructure. The Street Department also removes debris that washed into drainage areas during the spring thaw and heavy rains. Debris removal continues throughout the year on a regular basis. This type of priority system for maintenance falls within the protections of statutory immunity. Riedel v. Goodwill, 574N.W.2d 752, 756 (Minn. App. 1988). There is a dispute between the parties as to whether maintenance of the drainage system is a ministerial duty or a duty requiring judgment and discretion. * Plaintiffs attempt to show that the "established drainage area inspection and maintenance policy" creates a ministerial duty for the City's Street Department. The policy itself, however, requires the city employees to use discretion and their judgment. Inspection and identification of problem areas require the use of professional judgment. Public Works Director Dan Faulkner reviewed the situation and used his discretion in deciding to prioritize street maintenance. This exercise of discretion is protected by official immunity. Accordingly, the City of Plymouth is entitled to vicarious liability regarding his discretionary decision. The City of Plymouth retained Barr Engineering Company to prepare a report to assist the City in taking action to reduce future flooding. The Barr Engineering Report (Defendant's Exhibit B) notes that from 11:30 p.m. to 2:45 a.m. on June 24 and June 25, 47' of rain fell. This 6 downpour was very similar to the 5 inches of rain that fell in four hours in the Power v. City of Hibbing case. The Minnesota Supreme Court held that Hibbing would not reasonably anticipate this rainfall and was not liable for injuries caused by such an extraordinary occurrence. 182 Minn. at 70. For the same reason, the City of Plymouth cannot be held liable for tiretamages caused by the extraordinary rainfall of June 24 and 25, 2003. J.L.H. 7 i AFFIDAVIT OF SERVICE BY MAIL Christgau and Powers v. City of Plymouth STATE OF MINNESOTA ) SS COUNTY OF RAMSEY ) Suzanne M. Kirtz, being first duly sworn on oath, deposes and says that on February 7, 2005, she served the attached document: Defendant City of Plymouth's Notice of Filing of Order by depositing a copy of said documents in an envelope, postage prepaid, at St. Paul, Minnesota, addressed as follows: Michael Schwartz, Esq. 761 West 78th Street Suite 210 Chanhassen MN 55317 Subscribed and sworn to before me this 7th day of February, 2005. P liclotaryc TAMMY LYNN SCHAEFER Notary Public Minnesota y Con"sslon Egp ft January 31, 2010 5s ri 4Ki DATE: May 27, 2005 TO: Laurie Ahrens, City Manager and Dale Hahn, Finance Director FROM: ?KR*'Cote, P.E., Director of Public Works SUBJECT: POWERS/CHRISTGAU DAMAGE CLAIM As you requested, I have reviewed the information available in the Engineering Division regarding the above referenced matter. I have attached a memorandum previously provided to the-C't -Council-regarding-the Juni 24 003 -excessive -rainfall event. Based on the depositions provided by Daniel Faulkner and Gary Smith, the following summarizes the events related to the flooding of the Powers and Christgau homes: Prior to the flooding Gary Smith, Street Department Supervisor, reviewed Scott Newberger's findings from his inspection of the drainage south of the Power's and Christgau's properties. They decided, based on past experience, that although the culverts in the area had accumulated some sediment and required cleaning, that there was adequate flow through the culverts. They also felt the area had ample storage capacity based upon the fact that they were not aware of any other " flooding causing property damage in the area other than in the super storm of 1987. Based upon these factors, drainage maintenance in the area was placed on the Street Department project list. The drainage pond located behind Mr. Power's and Mr. Christgau's homes, (BC- P35C) overflowed because of the extraordinary rainfall event that occurred on June 24-25, 2003. A number of other homes in the City flooded due to the unusually heavy rainfall. On July 10, 2003, the City maintenance crews began the maintenance project to improve flow in the drainage way. By this date, the City had obtained a right of entry on private property (the City had no easements) to allow removal of the culvert south of Old Rockford Road and expand the existing channel. The City excavated the culvert, dug a drainage channel in its place and constructed a bridge O: \Engineer ing\GEN ERAL\MEMOS\D ANF\2003\Powers_Chritgau_DamageCI_5_27. doe SUBJECT: POWERS/CHRISTIAN DAMAGE CLAIM Page 2 over the channel to allow the landowner access to the remainder of his property. The City also added a skimmer structure on the north side of Old Rockford Road. In addition, the City used two skid loaders and up to three track excavators to dredge channels in three designated drainage ponds (BC-P35A, BC-P35B, and BC-P35C) and jetted all culverts in the drainage area. Approximately forty truckloads of material was removed from the ponds. This initial maintenance of the drainage area took approximately three weeks to complete. The cost of the project was approximately $40,000 from the Street Department and Water Resources budgets. attachment DATE: July 16, 2003 for the City Council Meeting of July 22, 2003 TO: ,, Dwight D. Johnson, City Manager through Gil Daniel L. Faulkner, P.E., Director of Public Works FROM: Ronald S. Quanbeck, P.E., City Engineer SUBJECT: REPORT ON JUNE 24 DRAINAGE ISSUES The night of June 24 and the early morning of June 25, 2003, a major storm hit the Twin Cities Metropolitan area causing damage to both public and private property in the City of Plymouth. The highest rainfall appears to have occurred in three locations: Central Wright County, the eastern part of the boundary between Wright County and Sherburne County, and Central Hennepin County, including the City of Plymouth. Information attached from the State Climatology Office indicates that the overall rainfall in Plymouth is 6.68 inches. This is based on a compilation of readings from the area. Rainfall from natural storm events is not uniform over an area, but has great variation in rainfall amounts in short distances. The attached memorandum from the Bassett Creek Water Management Commission further explained this phenomenon. Some areas of Plymouth likely received less rainfall and other areas likely received more. Although many residential rain gauges only measure five or six inches of rainfall, one homeowner reported ten inches of rainfall and another eight inches. Attached is part of a website containing information from the State Climatology Office. Storm water facilities are constructed based on a design storm which is uniform over a large area. Natural ' storms include considerable variability over time and geographical area and will not replicate the design storm. The design storm for ponding areas in the City of Plymouth is a storm with a statistical chance of happening in any one year of 1%. This has been termed a 100 -year frequency storm event, however, the statistical chance of it occurring any year is the same regardless of when it last occurred. It is merely a way of identifying the probability of the event happening. In addition, it is only a design standard. It is not the upper limit on storm size. Much larger storms can and have occurred in this area. Periodically people state that we have had a number of 100 -year storms in the last several years. Actually storm frequency is a continuum within an infinite number of large events. The design storm for storm sewer systems in Plymouth is based on a storm having a 20% chance of occurring in any one year, which is sometimes referred to as a five-year frequency storm event. Larger events cause surcharging in the system that results in water ponding temporarily in roadways and other low points. This design standard is typical for most cities. 0:\Engineering\GENERAL\MEMOS\DAN F\2003\CC Drainage Rcporl_2_,7_16.doc SUBJECT: REPORT ON JUNE 24 DRAINAGE ISSUES Page 2 In addition, different storm water conveyance systems are affected differently by the same storm event. A very fast short duration storm with a I% chance of happening may cause problems in the system with very little ponding while a longer duration less intense storm with a 1% chance of happening, may not, even though they would both be considered 100 -year frequency storms. A system with significant ponding available will have more trouble with a longer duration higher volume storm. The 100 year frequency storm is commonly believed to be six inches of rainfall in 24 hours. However, there are many other rainfall amounts for a storm of that frequency depending on the duration. As noted, storms larger than design storms can and do occur. The design standards which are commonly used throughout the country were chosen based on economic and physical limitations in developing the storm water conveyance systems. In Plymouth, we try to maintain overland overflows at elevations lower than the lowest opening of adjacent structures. Overland overflows are not achievable in all circumstances. In these instances we typically require some type of backup system such as an additional storm sewer pipe, a modified outlet structure or perhaps additional pond storage. The July 24, 2003 storm was significantly larger than the 1% design storm. Based on flows reported in a storm sewer north of Parkers Lake, it appears that most of the storm occurred in seven or eight hours with the greatest intensity over about a four.hour period. Attached is a graph showing the flows in the storm sewer during that time period which gives an approximation of the rainfall pattern. The actual rainfall at this location is uncertain, however, the rainfall estimate compiled for Plymouth by the State Climatology Office was 6.68 'inches. The standard used for the 1 % storm over four hours would be 1.1 inches per hour or 4.4 inches of rainfall. Over an eight hour period, the 1% storm would be .6 inches per hour or 4.8 inches of rainfall. As noted above, damage to both public and private facilities had occurred at several areas in the City of Plymouth due to the storm event. Numerous pipe separations and damaged catch basins have been identified. Many were existing prior to the storm event, however, the high flows caused soil to wash through the openings causing voids around the pipes, under the street, or even sink holes. The largest is located around an outlet structure near the intersection of 15th Avenue and Pineview Lane. Similarly, a void under the pavement and on the east side of the South Shore Drive bridge over Bassett Creek required that the roadway be shut down, area excavated, and repairs made. The pipe discharging from Gleanloch Park, located at Sycamore Lane north of 6th Avenue, collapsed during the storm causing water to back up and flood one residence and nearly flood another. While over the last few years we have been doing more maintenance of storm sewer outlets and drainageways, a large backlog of work still exists. As the water rose, the City provided sandbags for property owners to pick up at the Public Works yard that in some cases prevented additional homes from being flooded. In at least two locations pumps were operated by City staff to lower the water level. In addition, all of the storm sewer inlets and outfalls in the City have been checked since the storm event and cleaned or identified as needing further investigation. In addition, areas around certain inlets and outfalls have been excavated to remove sediment. SUBJECT: REPORT ON JUNE 24 DRAINAGE ISSUES Page 3 We have received reports of damage to 20 homes, two apartment underground parking garages and one business where water ponded up to an elevation that caused it to flow into the structure. Six claims have been submitted to the City for damage. In addition, there have been some reports of seepage into basements and it appears likely that there are many more that have not been reported to the City. The major concern is with the first type of damage. Staff has met with and requested Short Elliott, Inc. (SEH), one of the City's consulting engineers, to provide a proposal to study six areas and determine ways to reduce flooding. Following is a summary of several of the major locations: 15th Avenue and Pineview Lane — Large sink holes have formed around the outlet structure just west of Pineview Lane south of 15th Avenue which drains a very large area including Parkers Lake. The cause of the sink hole is still being investigated. The area around the structure needs to be excavated to determine the problem. Access to the structure and surrounding area is limited by the ongoing high flow. While no structures were damaged due to this condition, the integrity of the structure and 54 -inch outlet pipe are in question. Gleanloch Park (Windemere Lane and Sycamore Lane) — The pipe draining the ponding area collapsed limiting outflow capacity to a very low flow. One house was flooded and a second nearly flooded. The water level has been pumped to below the original outlet elevation to increase storage capacity for future storms. In addition, the overflow pipe was lowered. The area was surveyed and a plan is being prepared to solicit price quotes from contractors to replace the pipe. Greentree West (South of County Road 24 east of Brockton Lane) — The pond outlet has a history of plugging quickly and limiting flow from the pond. Before the storm began we were working on the installation of a skimming structure at the pipe inlet and are currently receiving quotes for the work. The skimmer should reduce the plugging problems at the pond outlet. In addition, this area is one being considered for study by a consulting engineer. Valley Forge Lane and 47th Place — A large complicated drainage area flows through the pond near 47th Place and Valley Forge. Two houses were flooded near this location. An apartment complex reported flooding of underground garages at a location downstream from this pond in the area of 45th Avenue and Nathan Lane. This area is one being considered for study by a consulting engineer. Larch and County Road 9 — Two houses had damage at this location. Since the storm Public Works maintenance crews have excavated areas in a series of ponds both north and south of County Road 9 along Larch Lane to improve flow into and out of pipes. In addition, a culvert on private property south of Old Rockford Road and the adjacent channel appears to cause a significant constriction in flow from the area. The City is working with the property owner to replace the culvert and excavate the drainageway to improve the drainage. SUBJECT: REPORT ON JUNE 24 DRAINAGE ISSUES Page 4 52nd Avenue West of Zachary Lane — Two houses at widely separated locations along 52"d Avenue west of Zachary Lane sustained damage when backyard areas flooded. Another home was damaged east of Zachary Lane near Valley Forge Lane which is part of the overall drainage system. These areas and the subject storm drainage system are being considered for study by a consultant. Circle Park — Circle Park which is located at Lanewood Lane and 4`h Avenue, had water ponded high enough in Circle Park to damage one house. Water has ponded in the Circle Park area in the past. A nearby homeowner reported measuring ten inches of rainfall. The downstream system will be checked by staff and cleaned as necessary. Future street reconstruction and storm sewer improvements will help resolve this problem. 25`h Avenue and Jewel Lane — This is a backyard area with a history of high water problems. Two houses were damaged. The storm sewer system in the area has been checked to ensure there are no blockages. Staff will review storm sewer capacities and overflow areas although consultant assistance may be necessary. Another nearby home was also damaged due to high water in the adjacent pond. 13`h Avenue and Archer Lane — A storm sewer backed up into the yard damaging a home. Further investigation of the storm sewer is required to ensure that there are no blockages in the system. Sunset Trail and Teakwood Lane A nearby home with a low backyard area and a history of high water problems was damaged. Storm sewer improvements had previously been discussed with the property owner. 28`h and Sycamore —One home was flooded from water in a backyard area backflow from the form sewer system in the this lcation. It appears water maystreet into the backyard through an outlet intended to drain the backyard. This area is one being considered for study by a consulting engineer. Weston Lane north of County Road 6 — A low area east of Weston Lane, north of County Road 6 has had flooding problems in the past although it had been limited to ponding in yard areas only. The low area drains to a pond on the west side of Weston Lane through a storm sewer pipe. In addition, drainage from east of Vicksburg Lane crosses this property pipe and ellev tion that backs ges into the nto these e pond west of Weston. In the past the pond has risen toan back yards. This area was the subject of a drainage study in 1991 and some modifications were made at that time. For the last couple of years, the storm sewer draining these yards was purposely blocked to prevent backflow from the pond and as water accumulated, it was pumped out by Public Works Maintenance staff. Recently, we have been pursuing SUBJECT: REPORT ON JUNE 24 DRAINAGE ISSUES Page 5 installation of a small storm water lift station which would take the place of the periodic pumping which.appears to have been working. This storm event resulted in considerably more water in the backyard than would appear likely due to the small local drainage. It appears that additional water flowed into the yard either from Vicksburg Lane, out of the surcharged storm sewer or from the pond west of Weston Lane. It is unlikely that the small lift station anticipated for this location would have significantly reduced the high water level. This is an area being considered for study in greater detail by a consulting engineer. Attached is a letter from the property owner at 1506 Weston Lane. Three houses at this location were flooded as well as one east of Vicksburg Lane. In addition, the property owner on the west side of Weston Lane is concerned with the elevation of the pond on that side and potential damage to his property, although his house is at a higher elevation. Northwest Boulevard and Pineview Lane — A home near this intersection suffered yard and fence damage when storm water ponded in Northwest Boulevard and flowed over the curb and down the trail into the neighborhood and through the backyard. Staff will investigate this area to see if ponding is adequate. County Road 6 and County Road 101 —.An apartment underground garage was flooded at this location. There is a history of problem in this area. This area is one being considered for study by a consulting engineer. The Gym — A business located at Glacier Lane and 28th Place had flood damage. The business's entrance is at a significantly lower elevation than the parking area. The drain for the low entrance is connected to the storm sewer system. Storm water backs into the storm drain, ponds in the entrance area and enters the building at that location. This issue was investigated in 1996. A plan was prepared to separate the drain from the storm sewer system and provide a small pumping station for runoff in.. the entry area. This information and names of contractors were provided to the property owner. In addition, the City offered to pay a portion of the cost. Apparently, the work was not done and damage again occurred as a result of the June 24 storm. Mooney Lake — The elevation of Mooney Lake on June 25, 2003, was 989.73. Mooney Lake appeared to peak on July 3 at elevation 989.91. The most recent elevation we have is 989.83 on July 15, 2003. The agreement with the Minnehaha Creek Watershed District is that if the water exceeds elevation 990 during the Spring and Summer, emergency pumping will be implemented. At this point it has not exceeded that elevation this year. It appears that some of the areas can be addressed by maintenance activities such as clearing storm sewer inlets and outfalls and excavating drainageways. Other areas may be addressed by contractors such as replacing the pipe at Gleanloch Park and installation of a skimming structure in SUBJECT: REPORT ON JUNE 24 DRAINAGE ISSUES Page 6 Greentree Pond. Other areas will require additional investigation to determine what types of actions may be taken. These could range from minor grading and swale construction to purchasing or modifying homes or major changes to the storm water conveyance system. As noted above there can certainly be much larger storms then the 1% storm or other storms that have been experienced. When deciding what measures to implement consideration must be given to the level of protection that can reasonably be afforded. We anticipate having an estimate from SEH for the cost to study the six locations identified before the City Council meeting. Our street maintenance staff, having been working on the City-wide drainage problems with their full resources. They have been working overtime during the week and a crew of at least four has been working on Saturdays. The Parks Division and Sewer/Water Division also each dedicated a person to assist in these maintenance efforts. Bob Pemberton, Risk Management Coordinator, has also been involved with residents who suffered damages. Attached is his July 10, 2003 memo to Plymouth property owners explaining what actions they should take if they wish to file a claim against the City. Ronald S. Quanbeck, P.E, City Engineer attachments: Website Information from State Climatology Office Parkers Lake Storm Sewer Flow Data Letter July 17, 2003 Memorandum from BCWMC July 10, 2003 Memo from Bob Pemberton, Risk Management Coordinator Heavy Rain - June 24 and 25 In southern and east central Minnesota, the heaviest rainfall fell during the evening hours of Tuesday, June 24 and into the earlymorningofWednesday, June 25. 24 hour totals in excess of six inches were reported in western Renville, eastern Wright, southern Sherburne, central Hennepin, and central Chisago counties. 24 Hour Radar -based Rainfall Estimates - June 24 through June 25 (7:00 AM through 7:00 AM) Heavy Rain in Metropolitan Area June 24-25, 2003 The map at right was compiled using rainfall measurements by volunteer observers located throughout east centralMinnesota. The largest 24 hour total reported was 8.19 inches ` w River of Sherburne county. Some of the larger rainfall totals in metropolitan area for June 24-25 include: ti Sherburne county Hennepin county Elk River - 8.19" Plymouth - 6.68" - Brooklyn Park- 6.50 Wright county Monticello - 7.50" Buffalo - 6.25" Rockford - 4.50" Cokato - 4.19" Brooklyn Center - 6.00" downtown Mpls. - 5.90" New Hope - 5.83" Robbinsdale - 5.75" south Mpls. - 5.55" as; F State C lim atology 0 ffice - DNR Waters 1 1 4 3 1.5 75 5 pp 25 inches made in Elk the The State Climatology Office thanks the Soil and Water Conservation Districts, the Metropolitan Mosquito Control District, the National Weather Service, and all of the diligent volunteer precipitation observers who make analyses of these events possible. P,nY V.M Return to Minnesota Climatology Working Group Main Page mcwg@soils.umn.edu URL: http://climate.umn.edu/doc/joumal/flash_floods/ffO3O622-25.htm Last modified: June 26, 2003 St. Louis Park - 5.28" Anoka county Maple Grove - 5.14" Fridley - 5.32" Corcoran - 5.00" Hassan - 4.80" Ramsey county Champlin - 4.71" St. Paul midway - 4.98" Golden Valley - 4.70" St. Paul (Como) - 4.65" Dayton - 4.60" Maplewood - 4.59" Little Canada - 4.55" Chisago county Falcon Heights - 4.52" North Branch - 6.00" St. Paul (Holman) - 4.31" Taylors Falls - 4.00" Vadnais Heights - 4.17" White Bear Lake - 4.10" Washington county Shoreview - 4.07' Scandia - 4.71" Forest Lake - 4.01" The State Climatology Office thanks the Soil and Water Conservation Districts, the Metropolitan Mosquito Control District, the National Weather Service, and all of the diligent volunteer precipitation observers who make analyses of these events possible. P,nY V.M Return to Minnesota Climatology Working Group Main Page mcwg@soils.umn.edu URL: http://climate.umn.edu/doc/joumal/flash_floods/ffO3O622-25.htm Last modified: June 26, 2003 H e a- y Pain in Metropolitan Area June 24-25, 2003 State C Iim attolog y 0 ffice - D N R Waters is 12 10 8 s 6 4 3 2 0.75 0.6 0.25 Y{({ 011V( inches I 500 400 d 300 3 0 LL 200 100 N Parkers Lake Storm Sewer Flow Data June 24th -25th OOp .Op 1p .p .17Pp 00 ,PO pO pO 00 "gyp 00 '3p (9 'Pp 00 gyp 00 'gyp 00 IP61 p. p- N- N ,• ,• n. 5 tx. 4j• . ro• C6- 1• 1• 06- (6• pb- pb• NO• Np- ,\N- NN, ,\,• ,\,- ,\• • Time (h) Memorandum TO: Dan Faulkner City Council Member Sandy Hewitt'/ City Council Member Kelly Slavik CC: Mayor Judy Johnson From: Ellen Feuling Date: 6130103 Re: Property at 1506 Weston Lane Since purchasing the property at 1506 Weston Lane in 1977, there have been numerous meetings and attempts to solve the drainage problem affecting the property. The continual development of Vicksburg, County Road 6 and Parker's Lake Division has increased the amount of water, the speed at which it travels and the direction it takes drastically. Also, the City approved our neighbor to the South to fill in his wetlands with the old Vicksburg pavement and debris. The main concern for me all along has been the protection of the house and property. I have copies of e-mails, studies, pictures and letters expressing this concern. At one point we even paid the City $2,000 for the underground sewer along the South side of the property. This was supposed to solve the problem. It didn't at all, in effect, if made our property a holding pond.. The latest attempt was in June 2002, when options including the city purchasing the house. $200,000 had been set aside in the 2002 CIP. However, another solution included installing a pumping station. It was my understanding the station would be installed in the Spring 2003 and everyone felt it would finally solve the problem. The storm on June 25, 2003 was the last straw. The amount of muddy water both inside and outside of the house did a considerable amount of damage. I am still assessing the amount of damage. 1 A W M Barr Engineering Company 4700 West 77th Street Minneapolis, MN 55435-4803 Phone: 952-832-2600 Fax: 952-832-2601 • www.barr.com Minneapolis. MN • Hibbing. MN • Duluth, MN • Ann Arbor. MI • Jefferson City, MO Memorandum DRAFT To: Bassett Creek Water Management Commission From: Barr Engineering Company Subject: June 24-25, 2003 Rainfall and Flood Report Date: July 17, 2003 Project: 23/27051 Heavy rainfall during June 24-25, 2003 caused localized flooding and high water throughout the metro area and other parts of Minnesota. Following is our report of observations along Bassett Creek and the lakes in the Bassett Creek watershed. Also attached is a report by the State Climatologist and photographs taken June 25, 2003. 1. Rainfall Precipitation was collected from several sources. Generally, approximately 5.5 inches of rain fell on the Bassett Creek watershed during the evening of June 24 and the morning of June 25, 2003. The State Climatologist reported the following rainfall measurements made by volunteer observers throughout the watershed: Plymouth: 6.7" Downtown Minneapolis: 5.9" New Hope: 5.8" Robbinsdale:5.8" South Minneapolis: 5.6" St. Louis Park: 5.3" Golden Valley: 4.7" The Bassett Creek WOMP station located in Minneapolis at Irving Avenue and Bassett Creek recorded 5.1 inches of rain during June 24-25, 2003. The most intense part of the storm occurred between 11:30 p.m. (June 24) and 2:45 a.m. (June 25). Note the following: 4.7" rain in 3 hrs. 15 min. (11:30 p.m. — 2:45 a.m.): greater than 100 -year frequency 2.8" rain in 2 hrs. (11:30 p.m. — 1:30 a.m.): 25 -year frequency 1.8" rain in 1 hr. (11:30 p.m. — 12:30 a.m.): 5 -year frequency 1.0" rain in 30 min. (11:45 p.m. — 12:15 a.m.): 2 -year frequency 240994 To: Bassett Creek Water Management Commission From: Barr Engineering Company Subject: June 24.25, 2003 Rainfall and Flood Report Date: July 17, 2003 Project: 23/27051 Page: 2 2. Water Elevations The following table shows high water surface elevations at several lakes and creek crossings from the June 24-25, 2003 storm. Lake levels were also measured during the morning of June 24, 2003, before the storm. t Lake level elevations measured on June 24, 2003 before the storm. High water elevations measured following the June 24-25, 2003 storm. Note increase from previous day. 3 100 -year flood elevations and BCWMC management envelope. a High water elevations measured following the July, 1987 superstorm. 5 Water elevations measured from automatic data recorder. Water EI. High Water EI. June 24, June 24-25, 100 -Year High Water EI. 2003' 20032 Flood E1.3 July, 1987 Storm4 Water Body feet, MSL)_feet, MSL feet, MSL feet, MSL LAKES Crane Lake 915.6 919.2 919.5 Medicine Lake 887.7 889.6 890.1 Northwood Lake 884.7 889.2 889.5 891.2 Parkers Lake 934.2 938.0 937'9 Sweeney Lake 827.7 830.4 831.5 Westwood Lake 887.0 1 888.0 889 MAIN STEM Wisconsin Ave. 880.5 886.1 888 886.6 Control Structures Golden Valle Hampshire Ave. 866.7 871.7 873 Golden Valle Minnaqua Drive 841.9 842.5 842.6 Golden Valle Highway 55 824 826.0jB24.1 Control Structure Wirth Golf Course Irving Avenue 803.4 806.6 808.5 Minnea olis SWEENEY LAKE BRANCH Spring Pond - 840.8 confirm 838 upstream of TH 55 Golden Valle Schaper Park 835.4 836 rrrrirton vallavl t Lake level elevations measured on June 24, 2003 before the storm. High water elevations measured following the June 24-25, 2003 storm. Note increase from previous day. 3 100 -year flood elevations and BCWMC management envelope. a High water elevations measured following the July, 1987 superstorm. 5 Water elevations measured from automatic data recorder. To: Bassett Creek Water Management Commission From: Barr Engineering Company Subject: June 24-25, 2003 Rainfall and Flood Report Date: July 17, 2003 Project: 23/27051 Page: 3 Comments The high intensity rainfall dropped between 4.7 to 6.7 inches of rain on the watershed in less than one day with the majority of the rainfall occurring in less than 4 hours. The intense rain caused creek flows to rapidly increase creating high water and some local flooding. Lake elevations also significantly increased. Generally, the Main Stem of Bassett Creek and all of its branches (Plymouth Creek, North Branch, Sweeney Lake Branch) were flowing near the top of its banks. The creek system reacted as expected and generally as planned. Rainfall greater than the 100 -year frequency was noted in the watershed resulting in water surface elevation at or below 100 -year elevations at several locations. Following are our observations and comments: Local isolated flooding was experienced by several cities, mostly at smaller local ponds. Some local problems were caused by collapse of various culverts and backed up sewer systems. High water elevations at Crane Lake, Northwood Lake, and Parkers Lake were at or within 0.3 feet of respective 100 -year floodplain elevations. High water elevation at Medicine Lake was within 0.5 feet of its 100 -year floodplain elevation. High water at Sweeney Lake and Westwood Lake were approximately 1.0 feet lower that their respective 100 -year floodplain elevations. The lake elevations at Northwood Lake and Crane Lake increased 4.8 feet and 4.6 feet, respectively as a result of the storm. Parkers Lake increased 3.8 feet and Sweeney Lake increased 2.7 feet. Medicine Lake increased 1.9 feet and Westwood Lake increased 1.0 feet. Main Stem Bassett Creek at Toledo Avenue and Minnaqua Drive: The high water elevation was approximately 0.6 feet below the 100 -year flood stage. Apparently, the two homes that were recently floodproofed and reviewed during the Commission's 2002 tour remained dry. Boone Avenue, Golden Valley: Boone Avenue, immediately north of Highway 55 and Golden Valley Road, was temporarily closed due to flooding. Brookview Golf Course: The golf course was closed for 2 -days and was opened as a modified course for 3 — 4 days. Highway 55 Control Structure: The high water elevation was approximately 2 feet below the 100 -year flood elevation. Wisconsin and Hampshire Avenue Crossing: An automatic gage records water surface elevations at Wisconsin and Hampshire Avenues. The elevations were 1.9 and 1.3 feet lower than the respective 100 -year elevations. IA AOOd To: Bassett Creek Water Management Commission From: Barr Engineering Company Subject: June 24-25, 2003 Rainfall and Flood Report Date: July 17, 2003 Project: 23127 051 Page: 4 Sweeney Lake Branch Schaper Park: The high water elevation was approximately 0.6 feet below the 100 -year flood stage. Highway 55 at Sweeney Lake Branch of Bassett Creek: High water at this location most likely overtopped Highway 55 during its peak flow. North Branch Bassett Creek Park Pond: 29`h Avenue, at the confluence of the North Branch and the Main Stem, was temporarily closed due to flooding. Northwood Lake: The north branch of Bassett Creek overtopped Boone Avenue at Northwood Lake. This is the first time Boone has been overtopped since the city replaced the outlet structure a few years ago. Plymouth Creek Plymouth Creek at 28a' Ave. Dike: City staff indicated that Plymouth Creek was flowing at the top of its bank. The water elevation was just beginning to overtop the dike before it receded. c'ne DATE: July 10, 2003 TO: • Plymouth Property Owners FROM: Bob Pemberton, Risk Management Coordinator SUBJECT: Flooding Issues Related to Rainstorm of June 25, 2003 On behalf of the City of Plymouth I wish to express our sorrow over the property damage that you incurred as the result of the heavy rainstorm of June 25, 2003. The rainfall that ranged from six to eight inches over a short period of time overwhelmed various City storm water collection systems and sanitary sewers. I have received telephone calls from various affected property owners inquiring as to the proper procedure for filing a property damage claim against the City. The City has General Liability Insurance written through the League of Minnesota Cities Insurance Trust that will pay on behalf of the City, damages for which the City is legally liable. The property owners filing claims against the City must be prepared to prove that their damage occurred as the result of negligence and not the mere fact that they incurred damages. " Those property owners wishing to proceed are advised to file their claim, in letter form, with the Plymouth City Clerk. The letter should contain the following information. 1. Name and address of Property Owner 2. Street address of loss 3. Location within the street address that was damaged 4. Date of the loss 5. Facts of the loss (what happened) 6. What are your provable damages 7. What is the dollar value of the damages 8. Why do you believe the City is negligent and therefore responsible for your damage The claim process will commence once you file your claim letter with the Plymouth City Clerk. July 18, 2003 To: Plymouth City Council From: Ellen Feuling Re: July 22, 2003 City Council Meeting, Agenda Item: Flooding For 25 years, we have been trying to deal with a water situation on our property. Plymouth has developed our yard from having a natural drainage "swale" to now having a drainage system that is supposed to handle a greater volume and a much faster flow of water. As Plymouth grows, there have been consistent street upgrades (Vicksburg and County Road 6) and additional housing developments that contribute to our handling of an enormous additional drainage. In addition, wetlands were filled in on the property next to ours on the south. There have been numerous attempts to protect my property and house: studies, surveys, installation of drainage pipes, pumping, opening and. plugging culverts, etc., etc. When it rains and my back yard starts to fill, I have to call 911 to alert the City crews to start pumping. A year ago, the City of Plymouth and I were in discussion about the City buying my property. At that time, my house had not been flooded and I did not want to move. Instead, plans were made to install a permanent pumping station by the Spring of 2003. The pumping station has not yet been installed. My property flooded in March and May this year. Then, on the night of June 24, all systems failed. Water poured into my yard, resulting in major flooding of the property and house. I am again asking for the Plymouth City Council to review the history and reopen discussion regarding the City purchasing my house. Thank You. d k2 is4r+iyl lrv.j: µ 17 1a . F' t f tM iz' fEf yfll}tt fel >a p 1 ' A L'15at r, r I V'.y •._ . Nt r1YSr` µµyyppcy ( 13 I 1 t • M + r .:? . " • hit' ril r jT T y'y y. t. ,,,,/Y 'fit• a, f` j i. 5 • y 1 +-5• r fwi r ` M int Y"'zi. " ter?"'( ori c -'h t .•!i W +a d1' v Y ti l v yYa'r a w Ni'a L. z_.i__r1n.'"rwl;':. yi. t'`, t 1 7 A. t (. , 1 1 _ r,l y lI 3 1 r1V : '; r i iaa ia 'i ' if g`i FCU, i«,1 rr •.• 1 li ' b'S ..,, .. 4! jS t y _ ...... f T .. I . 1 1 _ i a r1 + ° Y'v iii 1° r i, 9 comas J. Campbell ger N. Knutson comas M. Scott Nott B. Knetsch zl J. Jamnik idrea McDowell Poehler ittliew K. Brokl° hn F. Kelly ren M. Mattick endan J. Flaherty arguerite M. McCarron ina M. Brandt llso Licensed in Wisconsin 380 Corporate Center Curve aitc 317 ^ Eagan, MN 55121 q -7, - CAMPBELL KNUTSON Professional Association Direct Dial: (651) 234-6215 E-mail Address: rkitulsoiz@ck-la;p.com May 20, 2005 Mr. Dale Halin City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447-1482 RE: PAUL CHRISTGAU AND JOHN POWERS FLOODING CLAIMS Dear Dale: You asked me if the City has the legal authority to pay all or any part of the claims for the flooding damage to the Christgau and Powers property that occurred in 2003. The answer is no. As a result of a 6+ inch rainfall on June 24, 2003 the Christgau and Powers homes sustained flooding damage. Both parties filed claims against the City. LMCIT, the City's insurer, investigated and denied the claims because there was no evidence of negligence on the part of the City. The parties subsequently filed a lawsuit in Hennepin County District Court. The District Court dismissed the lawsuit on summary judgment. The Court held that the City was immune from suit and that the City was "not liable for flooding that is the result of an extraordinary storm or rainfall." Since the Court has determined that the City has no legal responsibility for the flooding damage, to pay claims for damage would be a gift which is not an authorized expenditure of public funds. A "gift" of public funds serves a private rather than a public purpose. See Op. Att'y. Gen. 107-a-3 (Jan. 22, 1980), 2700 (Aug. 12, 1977) and 59a-22 (Dec. 4, 1934), OSA Brooklyn Park Report (July 17, 2002). 51-452-5000 ax 651-452-5550 RNK:sm A w .ck-law.co m Enclosure jr R/, 14- 50' 14-,93 car 175ftAvift- T*z Fsxt z5ozzi.". qw% N NO, ig 419 19,' U IFX32.08 p 7 S. W 13 II s - -)a % las. . '00 L=7Z l A# is Z0.00 ahr - 17K 16% A 55" 4 z38W'44- cp 00 b7 - fit 66" VNt 71 6z. 000 156, 00 % CIO W" AA' L') 0 Fx, — k . I Of ZZ % a , ,E 0/0 A 0go. 06 qb -107,3, TA 73 lw 10( EGAN It W W, Z.. 922.8 N.NZ 92zo 2' o ma N SCALE 4 50 1,31 40 LA s Z N 0 TT r—' rd ID CI. yNS 3j LE XHIBIT 4 v 1 IMINIM 40 LA s Z N 0 TT r—' rd ID CI. yNS 3j LE XHIBIT 4 v I x 32tl f JONQUIL a„a,-, LANE '`". a I^I x930` O -t E It 145.3I _ Wd= 59'15 063p 1-i 11 /92986 U SERV 111=5000 r - 231 25 10000 4318 • 4g. i X 51.71 Sp FfEp9v S 76 g411 / e \ `Py S. S frOPp ip r t O• y 1 , J N'_ -E >v t nc .ERvIEE 9q `` \'.c ZT _l (s CECT y o EM . yb t 1: 00 q I N O \ / 10 p w LOT 14 ,. w DRAINAGEDRAINAGM& NT / UT r — EA -`E PER PLAT . lT O m D Z 1 EXHIBIT 5 SURVEY FOR FOSTER BUILDER m m 0 C WO O m N o 1 m OD m m L4 m m O D r W z c z 0zA ADD O z CD Wrl tp 0 c m cn SURVEY FOR FOSTER BUILDER I HP BY CiITIfY'0 FGS'L3 BU:LCEn.S THAT THIS IS A TP'JE AND CO"PE" RIP?ESINTA'10'J OF A 1,IIR"''EY Of `HE 30U1+DAPIFS OF Lot 11, I,' ,1 3, b,.',T :':f',E ESTATES SEC"JO AODITION, accorvn-; Lj tl,r r to': d Mat thereof, Flenneptn COufItV, Mirne5ota. AND OF THE LOCA110N OF ALI BUILDINGS, IF ANY, THEPEON, AND ALL VISIBLE "1rC li.'!Fti.`JTS, IF ANI, fo('M Qp f -N ',AID [ANO. AS SIJ2VFYE0 BY "E THIS JOTH DAY OF FEBRUARY i?'3. S1,NED )AMES R. HILL, INC. A IN71 I4. BY i F L , H ROLD C. PETERSON, LAND `,A. -'!t Y ;R MINNESOTA LICENSE NO. I2294 EXHIBIT 5 I herety cern Ir tnat th,s pion, specdtcattoo or report wos prepares by me or under my direct supervision and that I am a duly Registered Professional Engireer under the lars nl rhe Slate ni Wnnesolo Date Req Nr, _ James R. Heill inc. PLANNERS / ENGINEERS / SURVEYORS 8200 HUMBOLDT AVE. S. • BLOOMINGTON, MN 55431 • 612-884-3029 O 1T1 i IPON f'0fJUI'Itq-' SLT SCALE I INCH 3C FT DENOT: S IRON MONUMI Ni FO11ND I'POPOSED GARAGE FLOOR, = T T X000.0 DF NOTI 'i i Y IS71'1 , I 111AT ION PPOPOSED LOWFST FLOOR = ' _ _ i = I UALVIN H. HEDLUNU `" "'"`o""""."'wuln 4r h y plchfleld,Minnesora 63423 Land Surveyor Civil Engineer 0(/ o Phone: 866-2523 serve or`s Cert< <eate JOB NO. SURVEY FOR: R:dgecraFt, inc DESCRIBED AS: Lot' 15, 31.or R 3, WrST RIDGE: E-; 'TT%TEs SECOND ADDITION, City Of Plymouth, !:rnnopin County, Minnesota, and reserving easements of record_ 33.50'" a=l o00 l 25" 817766.27-- I s,740(0142 -ow n- X58.00 -- 3 V 9=' II B IIIII II I fl l l llll B I aVll S-1411822210038 •n L Z Z , w WETLAND CQ W ' o w f Q 2 , a oc 4 A c A 921 9 r N'b1 x 110i",2 Q M t6.7. w/0 1 %24 ` WN1 SC \' 5-9 N 2L-4\ CANT 1 s / Top of foundaPion • 930.2 s 6 CZEK"'i °jY //0/ i 8.7se/»ent floor a 927.0 A--% — - - Gdra9e-F/oer-! 9..2.9_3 -- y 9L 700 r33.?6 -97-7 Proposed E12vdfienS C> bq 01-36 E A-38 bw Ez%sfin9 E/evafions N .1.L=- =t•o0 4" (}rdind9G Direction J-o LANE \ 3 \ Denotes Lot Co/'ner O CERTIFICATE OF SURVEY I hereby certify that on 5 //5/94 I surveyed the properly described above and that the above plat is a correct representation of said survey. Colvin H. Hedlund, Minn. Reg. No. 5942 EXHIBIT 6 i a Agenda Number: TO: Mayor and City Council FROM: Laurie Ahrens, City Manager SUBJECT: Set Future Study Sessions DATE: June 21, 2005, for City Council meeting of June 28, 2005 1. ACTION REQUESTED: Review the pending study session topics list and establish study sessions if desired. 2. BACKGROUND: Attached is the list of pending study session topics, as well as calendars to assist in scheduling. The City Council and staff met with Jim Rice to discuss budget priorities on June 7. Staff is now beginning work on the 2006 budget. If there are any additional guidelines or parameters that the Council would like to provide for the budget preparation, a study session could be considered. Pending Study Session Topics at least 3 Council members have approved the following study items on the list) Other requests for study session topics: Update with City Manager — quarterly (next mtg. Aug.) Campaign sign enforcement Discuss possible reimbursement for flooding site (Johnson) Consider Organics Collection (Slavik, fall or later) Taryn Hills development proposal OFFICIAL CITY MEETINGS June 2005 Sunday I Monday Tuesday Wednesday Thursday Friday Saturday May 2005 S M T W T F S 1 2 3 4$ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Jul 2005 S M T W T F S 1 6:00 PM SPECIAL PLANNING COMMISSION MEETING: COMPREHENSIVE PLAN UPDATE- Lunchroom 2 7:00 PM HUMAN RIGHTS COMMISSION - Medicine Lake Room 3 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 22 23 24 25 26 27 28 29 30 31 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 7:00 PM PLANNING COMMISSION, Council Chambers 5 6 7 8 9 10 11 6:45 PM YOUTH ADVISORY COUNCIL, Council Chambers 7:00 PM SPECIAL CITY COUNCIL MEETING: BUDGET PRIORITIES; Lunch Room 7:00 PM SPECIAL COUNCIL MEETING: DISCUSS CO. RD. 101, Lunchroom 12 13 14 15 16 17 18 PMSPECIU COUNCIL7:00MEETINGREVIEWAUDIT REPORT. CONSIDER ZONING RELIGIOUS N9TTUTO TIONS IN PM PLANNING COMMISSION, 4:30 PM ANNUAL PARK TOUR, depart from City Hall INDUSTRINL DISTRICTS: Lunchroom 1:00 PM REGULAR COUNCIL MEETING,—il C—— FlagFlag Day Council Chambers 19 20 21 22 23 24 25 700 PM PLYMOUTH ADVISORYCOMMITTEEON TRANSIT(PACT)- Council Chambers fi:00 PM SPECIAL HOUSINGSREDEVELOPMENT AUTHORfTY(HRA) MEETING, Plymouth Town Square 26 27 28 29 30 6:00 PM SPECIAL CITY COUNCIL MEETING: CHRISTGAU AND POWERS LIABILITY CLAIMS, Lunch Room 7:00 PM PLANNING COMMISSION, Council Chambers 7:00 PM REGULAR COUNCIL MEETING, Council Chambers modified on 6/21/200.5 OFFICIAL CITY MEETINGS July 2005 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2Jun2005Aug2005 S M T W T F S S M T W T F S 1 2 3 4 1 2 3 4 5 6 5 6 7 8 9 10 11 7 8 9 10 11 12 13 12 13 14 15 16 17 18 14 15 16 17 18 19 20 19 20 21 22 23 24 25 21 22 23 24 25 26 27 26 27 28 29 30 28 29 30 31 3 4 5 6 7 8 9 CITY OFFICES 5:15 PM MUSIC CLOSED IN PLYMOUTH, Hilde INDEPENDENCE Performance DAY Center 10 11 12 13 14 15 16 7:00 PM REGULAR CITY COUNCIL 7:00 PM ENVIRONMENTAL QUALITY COMMITTEE EQC), Plymouth Creek 7:00 PM PARK & RECREATION ADVISORY COMMISSION (PRAC), MEETING, Black Center Conference Room A, Box Theater, Plymouth Creek Center Plymouth Creek Center 17 18 19 20 21 22 23 7:00 PM PLANNING 700 PM HOUSING & REDEVELOPMENT AUTHORITY (HRA), COMMISSION, Plymouth Town Square Black Box Theater, Plymouth Creek Center 24 25 26 27 28 29 30 11:45 AM PLYMOUTH BUSINESS COUNCIL, Sheraton Minneapolis West 12201 Riapaeale Drive. 7:00 PM PLYMOUTH ADVISORY COMMITTEE ON Minn.— a TRANSIT (PACT), Plymouth Creek Center 7'.00 PM REGULAR CITY COUNCIL MEETING, Black Box Theater, Plymouth Creek Center 31 modified on 6/21/2005 OFFICIAL CITY MEETINGS August 2005 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 5:30 PM 7:00 PM NATIONAL NIGHT PLANNING OUT COMMISSION, Black Box Theater, Plymouth Creek Center 7 8 9 10 11 12 13 7:00 PM REGULAR CITY COUNCIL MEETING, Black Box Theater, 7:00 PM ENVIRONMENTAL QUALITY COMMITTEE EQC), Plymouth Creek Center 7:00 PM PARK & RECREATION ADVISORY COMMISSION(PRAC), Conference Room A, Plymouth Creek Center Plymouth Creek Center 14 15 16 17 18 19 20 7:00 PM PLANNING COMMISSION, 7:00 PM HOUSING & REDEVELOPMENT AUTHORITY (HRA), Plymouth Town Square Black Box Theater, Plymouth Creek Center 21 22 23 24 25 26 27 100 PM YOUTH ADVISORY COUNCIL, LOCATION TO BE ANNOUNCED 7:00 PM REGULAR CITY COUNCIL MEETING., Bleck Box The.ter, Plymouth creek center SPECIAL COUNCIL MEETING (IMMEDIATELY FOLLOWING REGULAR 7:00 PM PLYMOUTH ADVISORYCOMMITTEEON TRANSIT (PACT), Plymouth Creek Center MEETING)BUDGET STUDY SESSION, Black Boz Th.—. PCC 28 29 30 31 Ju12005 Sep 2005 S M T W T F S S M T W T F S 1 2 1 2 3 3 4 5 6 7 8 9 4 5 6 7 8 9 10 10 11 12 13 14 15 16 11 12 13 14 15 16 17 17 18 19 20 21 22 23 18 19 20 21 22 23 24 24 25 26 27 28 29 30 25 26 27 28 29 30 31 modified on 6/21/2005 OFFICIAL CITY MEETINGS September 2005 Sunday Monday Tuesday Wednesday Thursday Friday Saturday Oct 2005 S M T W T F S 1 1 7:00 PM HUMAN RIGHTS COMMISSION, 2 3 Aug 2005 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 2 3 4 5 6 7 8 Plymouth Creek 14 15 16 17 18 19 20 9 10 11 12 13 14 15 Center 21 22 23 24 25 26 27 16 17 18 19 20 21 22 28 29 30 31 23 24 25 26 27 28 29 30 31 4 5 6 7 8 9 10 LABOR DAY -City Offices Closed 7;00 PM SPEC AL COUNCIL MEETING: BUDGET STUDY SESSION; Conf. Rm. 2, Plymouth Creek Center 7:00 PM PLANNING COMMISSION, Black Box Theater, 7:00 PM PARK 8 R COMMISSION(PRAOC)Y Classroom. Plymouth Creek Carer (w: m rng only) lover level Plymouth Creek Center 7:00 PM SPECIAL COUNCIL MEETING'. BUDGET STUDY SESSION IF NEEDED); Cor. Rm. 2. Plymouth Creek Center lower level 11 12 13 14 15 16 17 6:45 PM YOUTH ADVISORY COUNCIL, Plymouth Creek Center 7:00 PM REGULAR CITY COUNCIL MEETING, Black 7:00 PM ENVIRONMENTALQUALITYCOMMITTEE ECC), Plymouth Creek Center 7.00 PM HOUSING 8 REDEVELOPMENT AUTHORITY (HRA), Plymouth Town Square 9:00 AM -3:30 PM PLYMOUTH CLEAN-UP DAY, Public Works Box Theater, Maintenance Plymouth Creek Facility Center 18 19 20 21 22 23 24 7:00 PM Autumn Art Fair PLANNING and Plymouth COMMISSION, on Parade Black Box Theater, Plymouth Creek Center 25 26 27 28 29 30 6:45 PM YOUTH ADVISORYCOUNCIL, Plymouth Creek Center 1145 AM PLYMOUTH BUSINESS COUNCIL, Sheraton Minneapolis West 12201 Ridgedale Drive, Minnetonka 7:00 PM PLYMOUTH ADVISORY COMMITTEE ON TRANSIT (PACT), Plymouth Creek Center 7:00 PM REGULAR CITY COUNCIL MEETING, Black Boz Theater, Plymouth Creek Cerner modified on 6/21/200:1